July 26, 1973ENVIRONMENTAL PROTECTION AGENCY #72-465v.
DEL MONTE CORPORATION )
ORDER OF THE BOARD (BY SAMUEL T.
LAWTON, JR.):
Motion to strike and dismiss has been filed by Respondentalleging the absence of authority in the Board to impose a monetary penalty based on alleged constitutional inhibitions andcontending that the absence of a right to trial by jury violatesconstitutional rights.
The motion to strike and dismiss is denied.
IT IS SO ORDERED.
I, Christan Moffett, Clerk of the Pollution Control Board, certify
that the above Order was adopted on the ~2~iday of July, 1973,byavot...
Allowed
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